Legal Definitions - iudicum sortitio

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Definition of iudicum sortitio

Iudicum sortitio is a Latin term that refers to the ancient Roman practice of selecting individuals to serve as judges or jurors through a random drawing, or by lot. This method was employed to ensure impartiality and prevent manipulation in the formation of judicial panels for trials.

  • Selecting Jurors for a Roman Property Dispute: In ancient Rome, if two citizens were involved in a dispute over property ownership, a panel of jurors (known as iudices) would need to be assembled to hear the case. Instead of a magistrate hand-picking individuals, a list of eligible citizens would be compiled, and their names would be placed into an urn. A public official would then randomly draw a specific number of names from the urn to form the jury for that particular trial.
    Explanation: This scenario directly illustrates iudicum sortitio because the individuals who would decide the property dispute were chosen by a random drawing, ensuring that neither party could influence the selection of favorable jurors.
  • Choosing Arbitrators for a Guild Tribunal: Imagine a fictional historical setting where a powerful guild needs to resolve an internal dispute between two members regarding a contract. To ensure fairness and avoid accusations of bias, the guild leadership decides to select a three-person arbitration panel from a larger pool of experienced guild members. They write each eligible member's name on a slip of paper, place them in a container, and an impartial elder draws three names at random to serve as the arbitrators for that specific case.
    Explanation: This example demonstrates the principle of iudicum sortitio by showing the random selection of individuals from a larger group to perform a judicial or quasi-judicial function (arbitration), with the aim of achieving an unbiased and fair process.

Simple Definition

Iudicum sortitio is a Latin term that describes the selection of judges or jurors by lot. This method involves choosing individuals for judicial roles through a random drawing, ensuring an impartial and unbiased process of appointment.

The end of law is not to abolish or restrain, but to preserve and enlarge freedom.

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